SHANKAR LAL versus HINDUSTAN COPPER LTD. & ORS

SHANKAR LAL versus HINDUSTAN COPPER LTD. & ORS

The employer could not unilaterally rely on the Form 'B' entry to alter the employee's date of birth to his detriment without giving him a hearing and without adequate justification, especially where the employer's own service book, pay-slips and LIC policy consistently showed the later date; the employer's explanation of mistake was not satisfactory and delay principles/DPE guidelines did not bar relief where the employer itself had treated the later date as operative; therefore the appellant's date of birth must be treated as 21 September 1949 and differential VRS benefits paid with interest.

Parties
Appellant: Shankar Lal; Respondent: Hindustan Copper Limited & Ors.
Jurisdiction
India
Judgment Date
20 April 2022
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of the High Court of Judicature for Rajasthan at Jaipur
Outcome
Appeal allowed; judgments of the High Court (Single Judge and Division Bench) set aside and rejection order quashed
Legal Topics
Voluntary Retirement Scheme, Date of Birth Determination, Natural Justice, Estoppel, Delay/limitation
Service Law Labour Law Administrative Law Voluntary Retirement Scheme Date of Birth Determination Natural Justice Estoppel Delay/limitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Shankar Lal

Appellant

Hindustan Copper Limited & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of the High Court of Judicature for Rajasthan at Jaipur

Legal Issues

  1. 1 Whether the employer could alter the employee's date of birth recorded in service records at the fag end of service to the employee's detriment
  2. 2 Whether entries in Form 'B' under the Mines Act are conclusive proof of date of birth vis-à-vis service book and other employment records
  3. 3 Whether the employer violated principles of natural justice in altering the date of birth and reducing VRS benefits

Ratio Decidendi

The employer could not unilaterally rely on the Form 'B' entry to alter the employee's date of birth to his detriment without giving him a hearing and without adequate justification, especially where the employer's own service book, pay-slips and LIC policy consistently showed the later date; the employer's explanation of mistake was not satisfactory and delay principles/DPE guidelines did not bar relief where the employer itself had treated the later date as operative; therefore the appellant's date of birth must be treated as 21 September 1949 and differential VRS benefits paid with interest.

Court Disposition

Appeal allowed; judgments of the High Court (Single Judge and Division Bench) set aside and rejection order quashed

Orders

  • Judgment and order of the Division Bench dated 08.12.2016 and the Single Judge order are set aside and the rejection order dated 13.10.2008 is quashed
  • Respondents shall extend VRS benefits to the appellant treating his date of birth as 21st September 1949, within four months after deducting the sum already paid